What Is the Thai Law That Governs 90 Day Reporting for Foreigners in Thailand?
The Thai law that governs 90 day reporting for foreigners in Thailand is the Thai Immigration Act B.E. 2522 (1979). Section 37, Subsection 5 states that expats staying longer than 90 days must notify the government of their presence in the country via an immigration office.
Expats must do this every 90 days and can extend their non-tourist visa repeatedly as long as their long-term visa is valid and permission to stay hasn’t been revoked according to Section 36 of the Immigration Act. Other than regularly completing the 90 day notification, some of the conditions that must be followed to remain in good standing according to Section 37 include:
- Staying at a properly registered residence and updating new residences via the TM30 form.
- Only engaging in activities authorized by your visa.
- Not engaging in illegal activities in The Kingdom.
The form for extending a non-immigrant visa is TM47. According to section 86 of the Immigration Act, you may submit this up to 7 days after or up to 15 days prior to the start date of your previous 90 day period.
What Is the Reason for the 90 Day Notification?
The reason for the 90 day notification is that the Thai government wants to keep an accurate record of non-immigrant foreigners residing in The Kingdom. This is a legal responsibility of non-permanent residents living in Thailand.
Who Is Responsible for 90 Day Reporting?
Those responsible for 90 day reporting include anyone on a non-immigrant visa in Thailand. In other words, all non-permanent residents and non-Thai citizens. Even those who have extended their original 90 day visa and received permission to reside for longer periods must submit the TM47 form.
Visa Types That Require 90 Day Reporting
The main visa types that require 90 day reporting are the following:
- Non-immigrant B including subcategories such as working, teaching, and business.
- Non-immigrant ED involving students.
- Non-immigrant O including subcategories such as spouses of Thai citizens, volunteers, and those on retirement visas
- Others such as long-stay, research, journalist visas and investment visas.
Is There a Penalty for Filing the 90 Day Report Late?
Yes, there is a daily 200 baht penalty up to 5,000 baht for filing the 90 day report later than 7 days after the expiration of your current validity period. This is in accordance with Section 76 of the Thai Immigration Act.
What Are the Different Options for Making the 90 Day Notification?
The main ways to complete the 90 day report include submitting the document in person, by mail, or online. Certain methods may not be available to you if this is your first 90-day notification.
1. 90 Day Reporting Online via the Thai Government Website
90 day reporting online via the Thai government website can only be completed after you’ve done your first notification in person. If the option is open to you, it’s one of the simplest methods of filing the 90 day report. Take the following 6 steps to file the TM47 form online:
- Go to the Thai immigration website, preferably on a Google Chrome or Mozilla Firefox browser. Disable pop-up blockers.
- Choose “Notification of staying in the Kingdom over 90 days.”
- Enter your personal information, including the nationality that you listed in your original visa application. Leave the “flight number” box blank.
- On the next page, enter your visa information and address.
- Review and confirm your information on the next page.
- Click the blue printing button at the bottom of the next page and save the PDF and/or print it for your records.
While online filing is convenient and the government website has been better recently, it has occasionally been out of service in the past, leading to the need to submit the form via another method.
You can check your submission status via the immigration website by providing your reference number. From there, you can find your application, click “view,” and check to see whether the status is “pending” or “approved.” If your status is approved, print the “Next appointment” slip and fix it to your passport and the process is complete.
2. File the 90 Day Report at the Nearest Immigration Check Point in Person or Assign an Agent
Filing the 90 day report at the nearest immigration checkpoint in person or by assigning an agent is mandatory if this is your first report. After that, you can file online or by mail if you prefer.
Take the following 4 steps to file the 90 day report in person or via a representative:
- Gather the necessary documents.
- Print out the TM47 form online and fill in the information in advance or fill it out at the immigration office.
- Visit the nearest immigration office and submit the 90 day notification.
- If you’re hiring an agent to submit the form on your behalf, hand the necessary documents to them and pay a fee, usually around 500 baht.
Can I Reserve an Appointment Online?
Yes, you can reserve a 90 day notification appointment online by visiting the government immigration website and selecting “online appointment” partway down the page. From there, you’ll select your location and navigate to the specific region’s appointment website.
After choosing the location you want to make an appointment at, select “Notification of residence when staying in the Kingdom over 90 days” from the dropdown menu, click on the confirmation button, and provide your information in the next pages.
3. Register Your 90 Day Report via Mail
Registering your 90 day report via mail is another convenient option if you’re filing your second or later report and aren’t able to submit it online. Take the following 4 steps to submit the TM47 form by mail:
- Gather copies of the necessary documents and print the TM47 application.
- Sign and fill in the application with your most recent information.
- Put your documents and application into an envelope with a 10 baht stamp and your address for the completed copy to be returned to you.
- Send the documents by registered mail more than 15 days prior to your notification date. Keep a receipt for your records.
What Documents Do You Need To Submit for the 90 Day Notification at the Immigration Office or by Mail?
You need the following 4 documents to submit the 90 day notification at the immigration office or by mail:
- Copies of the photo/info page, current visa, last entry stamp, and the page with the last visa extension in your passport.
- A new TM47 report with your most recent information filled in.
- A copy of your most recently completed TM47 report, if applicable.
- A copy of your most recently completed TM30 report.
Note that previously the TM6 departure card was required as part of the 90 day filing, but this is no longer the case.
FAQs About 90 Day Registration
What Is the Difference Between the TM30 and 90 Day Report?
The difference between the TM30 and 90 day report is that the 90 day report is a self-reporting system for those staying in Thailand for longer than 90 days on a non-immigrant visa. It must be filed every 90 days according to Thai law.
On the other hand, property owners file the TM30 form as part of their responsibility to notify the government of foreign nationals staying on their property within 24 hours of arrival. If the foreigner in question doesn’t change address or travel to a new residence within the country, TM30 filing isn’t necessary.
Does the TM7 Extension of Stay Form Count as a 90 Day Report?
Yes, the TM7 extension of stay form counts as a 90 day report as you are notifying the government of your most recent information. There’s no need to submit a separate TM47 form at the same time as a TM7.
Do I Have To Do a 90 Day Report When Leaving and Re-Entering Thailand?
No, you do not have to do a 90 day report when leaving and re-entering Thailand because your 90 day notification period automatically resets upon completing immigration procedures. The next time you’ll need to submit a TM47 form is 90 days from your re-entry into Thailand.
Is There a 90 Day Report for Tourist Visas?
No, there isn’t a 90 day report for tourist visas as typical tourist visas cannot exceed 90 days. The exception is the medical tourist visa which can be extended.
Can I Skip the 90 Day Report?
No, you can’t skip the 90 day report as you’ll face financial consequences the next time you have to complete an immigration procedure or a procedure involving personal information. Skipping it will lead to a daily 200 baht fine, up to 5,000 baht, and problems with processes like loan applications, cell phone contracts, and employment.
Are Permanent Residents Exempt From 90 Day Reports?
Yes, permanent residents are exempt from filing 90 day reports. The system is designed for those on non-immigrant visas and not those who are fully integrated into Thai society.
The 90 day report is one of many mandatory steps toward living long-term and owning property in Thailand. For more information on how to secure real estate in the Land of Smiles, contact PropertySights Real Estate today.
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